Most Defective Scopes Are Manufactured by Just Three Companies

Last year, we wrote about a lawsuit brought against Pentax Medical Company and Advocate Luther General Hospital in Chicago. The suit was filed by the adult children of Renate Winkler, who died after contracting the healthcare-associated infection known as CRE after a routine endoscopy was performed with improperly sterilized equipment. The wrongful death lawsuit was, at the time, the most recent example of a pervasive problem with sterilizing scopes, an issue that exposed nearly 10,000 veterans to dangerous diseases in a 2007 VA scandal.

Defective devices aren’t going away

More recently, almost 300 patients had the same experience in a Massachusetts hospital. At issue, once again, was a medical device that was improperly sterilized. This time, it was because an adapter was missing. Events like these are becoming more and more common as an increasing number of companies work to get into the medical device industry. Of particular note is a company that featured prominently in these instances – Pentax Medical Company.

Pentax Medical is the company you’ve never heard of, but should have. A search of the company name lists dozens of recalls for a variety of Class II medical devices, most of them optical scopes of one type or another. In almost every recall, the problem is the same; internal components can become stuck or fail, making the device impossible to fully sterilize.

Pentax isn’t alone; both Olympus Medical and Fujifilm Medical Systems face similar recalls and are facing hundreds of lawsuits across the country. The problem is compounded by the fact that manufacturers were aware of the potential flaws but failed to alert hospitals or regulators. The Los Angeles Times reported, “…a U.S. Senate report concluded that 25 outbreaks — including two in Los Angeles in which three people died — were linked to dirty scopes made by Olympus and two other manufacturers.”

Waiting to take action can make or break your case

Unfortunately, discovering whether a recalled device was used during a particular procedure can be complex and difficult. Even when an infection develops after a procedure, there are strict rules about establishing cause and effect in a court of law. Medical malpractice cases are subject to a strict statute of limitations, and evidence is harder to gather as time passes.

If you or your loved one became ill after undergoing any medical procedure, you may be entitled to compensation as a victim of medical malpractice. When filing for medical malpractice, time is of the essence. The experienced South Carolina VA medical malpractice attorneys at McGowan, Hood, Felder & Phillips, LCC can evaluate your case and help get you the compensation you deserve. Call 803-327-7800 or contact us today for a free consultation.